Legal

Divorce in 2026: How to manage housing and the Parenting Plan in Catalonia

Facing a marital breakdown in 2026 goes beyond the emotional; it is, fundamentally, a logistical and economic challenge. At Bufet Trujillo, we are seeing how inflation and the property market in the Cambrils and Tarragona area are affecting divorce settlement agreements more than ever today.

If you are considering a separation, these are the three key points you need to know to protect your future and that of your children:


1. Use of the family home: It is no longer "for ever"


In Catalonia, the allocation of the family home is a complex matter. The current trend of the courts is to limit the duration of the right to use the home.

  • If there are children: It is usually awarded to the parent who retains custody, but on a temporary basis (generally until the child reaches majority or becomes financially independent).

  • If custody is shared: If there is a significant disparity in resources between the parents, it may be granted for a short period (2 or 3 years) to the more needy parent so that they can organise their new life.


Useful advice: In 2026, we are recommending agreeing from the outset to sell the home or transfer it to one of the two parties in order to avoid conflicts when the right of use ends.


2. The Parenting Plan: Your "life insurance"


In Catalonia it is mandatory to submit a Parenting Plan. It is not a mere formality; it is the document that sets out how the children will be cared for. In the current circumstances, a good plan should include:

  • Digital protocol: At what age they will have a mobile phone, social media controls and usage times.

  • Extraordinary expenses: Clearly define what is "extraordinary" (orthodontics, psychologist, English lessons) to avoid going to court every time a payment arises.

  • Local logistics: Details about school or activity pick-ups in Cambrils and surrounding areas, anticipating possible changes of residence.


3. Financial compensation for work


Given that in Catalonia the default regime is Separation of Property, many people fear being left unprotected if they have devoted themselves to the family or have worked for the other spouse's business.

  • In 2026, we continue to apply article 232-5 of the Catalan Civil Code, which allows a claim for financial compensation if one of the two has worked for the home substantially more than the other. This is separate from child support.


A divorce by mutual agreement will always be quicker and more economical than contentious proceedings, but it is only "good" if the agreement is well drafted and anticipates the problems of the next 10 years. At Bufet Trujillo, we specialise in turning a difficult moment into a robust agreement that gives you peace of mind.

author

Marc Trujillo

Marketing Specialist

Passionate writer sharing ideas, experience, and knowledge on various subjects to inspire and inform readers worldwide.

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